An Act Facilitating the Reconstruction or Replacement of Storm-damaged Commercial Fisheries Facilities and Infrastructure

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
S.P. 861 - L.D. 2143
An Act Facilitating the Reconstruction or Replacement of Storm-damaged
Commercial Fisheries Facilities and Infrastructure
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4353, sub-§4, as amended by PL 2013, c. 186, §1, is further
amended to read:
4. Variance. Except as provided in subsections 4‑A, 4‑B and 4‑C and section 4353‑A,
the board may grant a variance only when strict application of the ordinance to the
petitioner and the petitioner's property would cause undue hardship. The term "undue
hardship" as used in this subsection means:
A. The Except as provided in subsection 4-D, the land in question can not cannot yield
a reasonable return unless a variance is granted;
B. The need for a variance is due to the unique circumstances of the property and not
to the general conditions in the neighborhood;
C. The granting of a variance will not alter the essential character of the locality; and
D. The hardship is not the result of action taken by the applicant petitioner or a prior
owner.
Under its home rule authority, a municipality may, in a zoning ordinance, adopt additional
limitations on the granting of a variance, including, but not limited to, a provision that a
variance may be granted only for a use permitted in a particular zone.
Sec. 2. 30-A MRSA §4353, sub-§4-D is enacted to read:
4-D. Floodplain reasonable return variance for functionally dependent use. The
board may grant a variance from a prohibition on construction seaward of mean high tide
or requirement to elevate structures above the base flood elevation when placed upon a
dock, pier or wharf as prescribed in a municipal floodplain management ordinance that is
filed with the municipality's board of appeals if:
A. The petitioner demonstrates to the board that the petitioner suffered substantial
damage, as defined in the municipality's floodplain management ordinance, to a dock,
pier or wharf or a structure placed thereon;
APPROVED
APRIL 6, 2026
BY GOVERNOR
CHAPTER
648
PUBLIC LAW
Page 2 - 132LR2637(05)
B. The damaged dock, pier or wharf or structure placed thereon identified pursuant to
paragraph A is proposed to be reconstructed or replaced and be permitted for a
functionally dependent use as defined in 44 Code of Federal Regulations, Section 59.1;
and
C. The dock, pier or wharf or structure placed thereon under paragraph B is proposed
to be elevated or otherwise protected from flood damages to the extent practicable.
A variance granted pursuant to this subsection must be the minimum variance from the
municipal floodplain management ordinance necessary to afford relief for the functionally
dependent use.
Sec. 3. 30-A MRSA §4364-A, sub-§5, ¶C, as enacted by PL 2021, c. 672, §5, is
amended to read:
C. Establish alternative criteria that are less restrictive than the requirements of
subsection 4 for the approval of a housing structure only in circumstances in which the
municipality would be able to provide a variance under section 4353, subsection 4,
4‑A, 4‑B or, 4‑C or 4-D.
Sec. 4. 30-A MRSA §4364-B, sub-§8, ¶C, as enacted by PL 2021, c. 672, §6, is
amended to read:
C. Establish alternative criteria that are less restrictive than the requirements of
subsections 4, 5, 6 and 7 for the approval of an accessory dwelling unit only in
circumstances in which the municipality would be able to provide a variance under
section 4353, subsection 4, 4‑A, 4‑B or, 4‑C or 4-D.